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(영문) 대구지방법원 2018.07.19 2018노1630
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the sentencing of the court below (one year of imprisonment without prison labor) on the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. The Defendant, while driving a limited speed exceeding about 25 km, received the victim who was crossing the road without permission, and caused a serious consequence that the victim under 25 years of age dies due to this accident.

The defendant was unable to reach an agreement with his bereaved family members.

On the other hand, the defendant is a primary offender with no criminal history, and the victim who illegally crosses the road that he/she opened at the time of a new wall with his/her identity is at considerable negligence in the occurrence of a traffic accident.

In addition, the automobile was covered by the comprehensive automobile insurance.

In full view of the various circumstances, including the above circumstances, including the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that make it possible to change the sentencing of the lower court after the judgment, the sentencing of the lower court is not unfair.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

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